1. ' Through This bail application the applicant has sought bail, inter alia, on the ground that the trial Court has rejected the bail application on the ground that the final challan has not been produced.
2. ' I have heard both the learned counsel and has perused the record.
3. ' The applicant has been charged under sections 411, 419, 420, 468, 471/109, P.P.C. Read with sections 3(2)(a)(b), 13/14 Foreigners Act, 1946. According to learned counsel the applicant is not guilty of any of the offences punishable with death penalty or imprisonment for life. He has further submitted that in another case of the identical nature this Court has enlarged the accused on bail, though the accused in the said case was being prosecuted under the same provisions of law.
4. ' I have also gone through the judgment of this Court in the case of Muhammad Younus and another v. The State authored by Hon'ble Chief Justice reported in 2001 PCr.LJ 157 and I am in respectful agreement to the findings given by his Lordship in the said case. The applicant is entitled to bail as there is hardly any material which has been collected by the investigating authorities to show that the applicant is a foreigner except the statement of the applicant. I may further observe that non-submission of challan is hardly a ground for rejection of bail and the A trial Court has taken erroneous view, while dismissing the bail application.
5. ' I, for the aforesaid reasons, enlarge the accused on bail subject to his furnishing of one surety in the sum of Rs.1,00,000 with P.R. Bond in like amount to the satisfaction of the Nazir of this Court. The application stands disposed of.